GTC

General terms and conditions of the driving school

General Terms and conditions the Driving schools

Part of the training. Driver training includes theoretical and practical driving lessons. Written Training contract. It is based on a written training contract. Legal Basics the Education. Lessons are given on the basis of the applicable statutory provisions and the legal ordinances based on them, in particular the learner driver training ordinance. In addition, the following conditions apply, which are part of the training contract. Completion of training. The training ends when the driver’s license test is passed, in any case after expiry of the training period. six months from the conclusion of the training contract. If the training contract If the relationship is continued after termination, the fees of the driving school for the services offered by the driving school shall be those shown in the price list determined in accordance with § 32 FahrlG at the time of the continuation of the training contract. The driving school must point this out at the time of continuation. Suitability deficiencies of the learner driver. If, after conclusion of the training contract, it turns out that the learner driver does not meet the necessary physical or mental requirements for obtaining a driving license, Section 6 shall apply to the services of the driving school.
Fees/price list. The fees to be agreed in the training contract must correspond to those announced on the notice board in the driving school.
Basic amount and services.
1. The basic amount covers: The general expenses of the driving school as well as the provision of theoretical instruction and the necessary preliminary examinations up to the first theoretical examination. Fee from Sub-base amounts with Failure to pass the theoretical or practical Examination. For further training in the event of failing the theory test, the driving school is entitled to charge the partial basic amount agreed for this in the training contract, but no more than half of the basic amount for the respective class; the charging of a partial basic amount after failing the practical test is not permitted. Fees for driving lessons and services.
2. The fee for the 45-minute driving lesson covers the cost of the training vehicle, including vehicle insurance and the provision of practical driving instruction.
3. Cancellation of driving lessons/notification period. If the learner driver is unable to keep an agreed driving lesson, the driving school must be informed immediately. If agreed driving lessons are not canceled at least 2 working days before the agreed If the learner cancels an appointment, the driving school is entitled to demand compensation for driving lessons not taken by the learner in the amount of three quarters of the driving lesson fee. The learner driver reserves the right to prove that no damage or significantly less damage was incurred. Charges for the Presentation to the Examination and Services.
4. The fee for the presentation for the examination covers The theoretical and practical examination presentation including the examination drive. In the case of repeat examinations, the fee is charged as agreed in the training contract.
Terms of payment. Unless otherwise agreed, the basic amount is due upon conclusion of the training contract, the fee for the driving lessons before the start of the same, the amount for the presentation for the examination together with any administrative and examination fees incurred are due at the latest 3 working days before the examination. R efusal to pay in the event ofnon-settlement of the claims. If the fee is not paid by the due date, the driving school may refuse to continue the training and registration for the examination until the claims have been settled. Payment of fees for continuation of training. The fee for any further theoretical training that may be required (Section 3a Para. 2) must be paid before the start of the same.
Termination of the contract. The training contract can be terminated by the learner driver at any time, can only be terminated by the driving school for good cause. An important reason is deemed to exist in particular if the learner driver a) does not begin training within 4 weeks of signing the contract despite being requested to do so without a valid reason, or interrupts training for more than 3 months without a valid reason, b) fails the theoretical or practical part of the driving test after repeating it twice, c) repeatedly or grossly violates the instructions or orders of the driving instructor. Text form the Termination. Termination of the training contract is only effective if it is made in text form.
Fees and fees in the event of contract termination. If the training contract is terminated, the driving school is entitled to the fee for the driving lessons provided and any presentation for the test. If the driving school terminates the contract for good cause or if the learner driver terminates the contract without being caused by a breach of contract by the driving school (see section 5), the driving school is entitled to the following remuneration:
1. 1/3 of the basic amount if notice of termination is given before the start of theoretical training; b) 2/3 of the basic amount if notice of termination is given within six weeks of the start of training; c) the full basic amount if notice of termination is given later than six weeks after the start of training. The learner driver reserves the right to prove that no fee or damages in the respective amount were incurred or that they were only incurred to a lesser extent. If the driving school terminates the contract without good cause or if the learner driver terminates the contract because he/she has been induced to do so by conduct of the driving school in breach of the contract, the driving school shall not be entitled to the basic amount. Any advance payment shall be refunded.
Adherence to agreed deadlines. The driving school, driving instructor and learner driver must ensure that agreed driving lessons start on time. Driving lessons always begin and end at the driving school. If this is deviated from at the request of the learner driver, the time spent driving will be charged at the driving lesson rate. calculated. If the driving instructor is responsible for the late start of a driving lesson or interrupts the practical lessons, the lost training time must be made up or credited. Waiting times in the event of delays. If the driving instructor is more than 15 minutes late, the learner driver does not have to wait any longer. If the learner driver is responsible for the late start of an agreed practical training course, the lost training time shall be borne by the learner driver. If the learner is more than 15 minutes late, the driving instructor does not have to wait any longer. The agreed training time shall then be deemed to have been missed (clause 3 b paragraph 3). Compensation for loss. In this case too, the compensation for the training time not attended by the learner driver shall be three quarters of the hourly fee. The learner driver reserves the right to prove that no damage or significantly less damage was incurred.
Exclusion from the Lessons. The learner driver must be excluded from the lesson:
1. if he is under the influence of alcohol or other intoxicating substances;
2. if there is any other reason to doubt his or her fitness to drive. Compensation for loss of driving lessons. In this case, the learner driver must also pay three quarters of the driving lesson fee as compensation. The learner driver reserves the right to prove that no damage or significantly less damage was incurred.
Handling of training equipment and vehicles. The learner driver is obliged to treat the training vehicles, training models and other illustrative material with care.
Operation and commissioning of training vehicles. Training vehicles may only be operated or put into operation under the supervision of the driving instructor. Violations may result in prosecution and liability for damages. Special obligations of the learner driver during motorcycle training. If the connection between the learner driver and the instructor is lost during motorcycle training or testing, the learner driver must stop immediately (at suitable points), switch off the engine and wait for the instructor. If necessary, he must inform the driving school. When leaving the vehicle, the learner driver must park it properly and secure it against unauthorized use.
Conclusion the Education. The driving school may only complete the training when it is convinced that the learner driver has the necessary knowledge and skills to drive a motor vehicle (§ 29 FahrlG). The driving instructor therefore decides on the completion of the training at his or her own discretion (§ 6 FahrschAusbO). Registration for the exam. Registration for the driving test requires the consent of the learner driver; it is binding for both parties. If the learner driver does not appear on the test date, he/she is obliged to pay the fee for the presentation for the test and any disbursed or incurred fees.
Place of jurisdiction. If the learner driver does not have a general place of jurisdiction in Germany or if he moves his place of residence or usual place of residence out of Germany after conclusion of the contract, or if his usual place of residence is not known at the time the action is brought, the place of jurisdiction shall be the registered office of the driving school.
DATAPART Factoring GmbH is entitled to pass on personal data to companies that offer contractually agreed services in connection with the training contract.
Invoices due under the training contract are settled exclusively via DATAPART Factoring GmbH, to which these receivables have been assigned by the driving school. The learner driver must pay these invoices with debt-discharging effect exclusively to DATAPART Factoring GmbH, 71636 Ludwigsburg. DATAPART is entitled to make electronic invoices for services available on an Internet portal or to send them by e-mail.